Untitled Texas Attorney General Opinion

Xarch 27, 19Z9 Ronorable %. E. Coons County Attorney Shermn County Stratford, Texas Dear Sir: Opinion X0. O-542 Re: Whether stamp required on mortgage given to secure extension of accrued interest on note secured by deed of trust theretofore recorded. ?!e are in receipt of your letter requesting our opinion as to whether tax stamps must be placed upon a rsortgage given in renewal and extension of accrued interest on a note which itself is secured (principal and interest) by deed of trust which has been heretofore recorded. rirticle 7047e (a), Revised Civil Stktutes, after provid- ing for a tax of lO# on each ;130.00, over the first $200.00, se- cured by rmmtgages, etc., then contains the following exception: *.....and providing further that the provisions of this Section shall not apply to renewals or ex- tensions of any notes or obligations, and specifi- oally shell not aDply to refunding of existing bonds or oblISations.....W The interest provided in the original hcte was as such a part of the tote or obligation as the principal indebtedness. The note v;ith which we are here concerned being in “renewal and extension* of such interest obligation, falls squarely within the exception. The rortgage which you describe to us is not re,luired to bear stamps to be filed ocd recorded. 3lenn R. iev:is GRL:N Assistant A=FRCVED: